Judge Declares North Dakota's Six-Week Abortion Ban Unconstitutional

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A federal judge has overturned one of the most restrictive abortion bans in the nation.

The proposed "Heartbeat Law" in North Dakota sought to ban abortions as soon as a heartbeat could be detected, which can occur as early as six weeks, sooner than many women even know they are pregnant.

U.S. District Judge Daniel Hovland called it "invalid and unconstitutional," and wrote in the ruling that it "cannot withstand a constitutional challenge."

North Dakota's abortion laws are already the most restrictive in the nation, according to NARAL Pro-Choice America. The state's only abortion clinic, located in Fargo, filed a lawsuit against the measure in July.

During the case, Kathryn Eggleston, M.D., the director of the Red River Women's Clinic, testified that the bill would essentially prevent her from performing abortions at all.

"Since the clinic only performs abortions one day per week, and cannot safely perform abortions before five weeks, the bill will effectively limit women's ability to obtain an abortion to a single day during their pregnancy's fifth week," she said in her affidavit to the court.

The Center for Reproductive Rights, a co-plaintiff in the case, issued a statement that urges lawmakers to take this ruling as a sign that any legislation seeking to overturn Roe v. Wade will be met with a similar outcome.

"Women should not be forced to go to court, year after year in state after state, to protect their constitutional rights. We hope today's decision, along with the long line of decisions striking down these attempts to choke off access to safe and legal abortion services in the U.S., sends a strong message to politicians across the country that our rights cannot be legislated away," said Nancy Northup, president and CEO with the Center for Reproductive Rights.

The heartbeat ban was one of four anti-abortion bills signed into law last year by Republican Gov. Jack Dalrymple. North Dakota Attorney General Wayne Stenehjem said he is weighing the possibility of an appeal that would send the case to the Supreme Court.

"I still need to read and digest the opinion and visit with the governor and others to see what we want to do from here," Stenehjem told the Associated Press. "There are those who believed that this was a challenge that could go to the Supreme Court. Whether or not that's likely is something we need to confer about."